Jul 16
Is it legal to fire someone due to a alcohol related incident if they have the disease of alcoholism.?
ALCOHOLISM ADDICTION Add comments
I was ticketed for a DWI and lost my job and have been diagnosed with the disease of alcholism. Is it constitutionally ok to fire me if I have a disease?
Tags: Alcohol, alcoholism, disease, Fire, incident, legal, related, someone, they
Yes. If that disease is affecting your work performance, or has hte potential to do so, it is absolutely fine to fire you. It’s not discrimination, it’s protecting the people who get your services. Some companies have a policy in which they specify that they will terminate employees who are convicted of DWIs and similar offenses. Everyone is so terrified of getting sued, I can assure you they would not fire you unless they could do so legally.
It depends you your States labor laws. The ADA recognizes alcoholism as a disorder that falls within the ADA statutes. This may or may not affect you.
You would need to seek legal advice to get an accurate answer.